All definitions found in §228.2 of this title (relating
to Definitions) are applicable to this subchapter. The following words
and terms, when used in this subchapter, shall have the following
meanings, unless the context clearly indicates otherwise.
(1) Food--A raw, cooked, or processed edible substance,
ice, beverage, or ingredient used or intended for use or for sale
in whole or in part for human consumption, or chewing gum.
(2) Food establishment--
(A) A food establishment is an operation that:
(i) stores, prepares, packages, serves, or vends food
directly to the consumer, or otherwise provides food for human consumption,
such as:
(I) a restaurant;
(II) a retail food store;
(III) a satellite or catered feeding location;
(IV) a catering operation if the operation provides
food directly to a consumer or to a conveyance used to transport people;
(V) a market;
(VI) a vending machine location;
(VII) a self-service food market;
(VIII) a conveyance used to transport people;
(IX) an institution; or
(X) a food bank; and
(ii) relinquishes possession of food to a consumer
directly, or indirectly through a delivery service, such as home delivery
of grocery orders or restaurant takeout orders, or delivery service
provided by common carriers.
(B) A food establishment includes:
(i) an element of the operation, such as a transportation
vehicle or a central preparation facility supplying a vending machine
location or satellite feeding location unless the vending machine
or feeding location is permitted by the regulatory authority; and
(ii) an operation conducted in a mobile, stationary,
temporary, or permanent facility or location and where consumption
is on or off the premises regardless if there is a charge for the
food.
(C) A food establishment does not include:
(i) an establishment offering only prepackaged foods
that are not time and temperature control for safety (TCS) foods;
(ii) a produce stand only offering whole, uncut fresh
fruits and vegetables;
(iii) a food processing plant, including one located
on the premises of a food establishment;
(iv) a cottage food production operation;
(v) a bed and breakfast limited as defined in §228.2(5)
of this title (relating to Definitions); or
(vi) a private home receiving catered or home-delivered
food.
(3) Food Service Establishment--A food establishment
as defined in these rules.
(4) Nonprofit organization--A civic or fraternal organization,
charity, lodge, association, proprietorship, or corporation possessing
a 501(c) exemption under the Internal Revenue Code; or a religious
organization.
(5) Permit holder--The person legally responsible for
the operation of the food establishment such as the owner, the owner's
agent, or other person; and who possesses a valid permit to operate
a food establishment.
(6) Retail food store--A food establishment or section
of an establishment where food and food products are offered to the
consumer and intended for off-premises consumption. The term includes
delicatessens offering prepared food in bulk quantities only. The
term does not include establishments which handle only prepackaged,
non-TCS food products; roadside markets offering only unprocessed
fresh fruits and fresh vegetables; or farmers markets; except, for
the purposes of obtaining a permit and payment of fees only, the term
"retail food store" does not include establishments permitted and
inspected under authority granted to municipalities.
(7) School food establishment--A food service establishment
where food is prepared and intended for service primarily to students
in public and private schools, including kindergarten, preschool and
elementary schools, junior high schools, high schools, colleges, and
universities. A school food establishment is a food establishment
and may include concession stands located on the school premises or
other school-sponsored venues. School food establishments are managed
and operated under the supervision of school district employees.
(8) Temporary food establishment--A food establishment
operating for a period of no more than 14 consecutive days in conjunction
with a single event or celebration.
(9) Time and temperature control for safety food (TCS
food)--A food requiring time and temperature control for safety to
limit pathogen growth or toxin production. The term includes a food
that must be held under proper temperature controls, such as refrigeration,
to prevent the growth of bacteria that may cause human illness. A
TCS food may include a food containing protein and moisture and that
is neutral or slightly acidic, such as meat, poultry, fish, and shellfish
products; pasteurized and unpasteurized milk and dairy products; raw
seed sprouts; baked goods that require refrigeration, including cream
or custard pies or cakes; and ice products. The term does not include
a food using TCS food as ingredients if the final food product does
not require time or temperature control for safety to limit pathogen
growth or toxin production.
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| Source Note: The provisions of this §229.371 adopted to be effective March 19, 2000, 25 TexReg 2076; amended to be effective January 1, 2005, 29 TexReg 11982; amended to be effective February 18, 2018, 43 TexReg 578; amended to be effective May 13, 2024, 49 TexReg 3288 |
